HomeMy WebLinkAbout2016-10-04; City Council; Resolution 2016-206EXHIBIT 1
RESOLUTION NO. 2016-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA,APPROPRIATING ADDITIONAL FUNDS,AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO.3 TO THE
AGREEMENT WITH SAVING SACRED SITES FOR NATIVE AMERICAN
MONITORING SERVICES ON THE EL CAMINO REAL ROAD WIDENING,
TAMARACK AVENUE TO CHESTNUT AVENUE, PROJECT NO. 3957.
WHEREAS,on Aug.26,2014, the City Council of the City of Carlsbad awarded a Construction
Contract for the construction of the El Camino Real Road Widening,Tamarack Avenue to Chestnut
Avenue, Project No. 3957; and
WHEREAS,the project's environmental document required the services of a Native American
Monitor that is experienced in monitoring ground disturbing activities at construction sites; and
WHEREAS, on Feb.2, 2015, the city entered into an Agreement for $9,120 with Saving Sacred
Sites for Native American monitoring services on the El Camino Real Road Widening, Tamarack Avenue
to Chestnut Avenue, Project No. 3957; and
WHEREAS, on Sept. 15, 2015, the city executed Amendment No.1 to the Agreement with Saving
Sacred Sites for Native American monitoring services on the El Camino Real Road Widening, Tamarack
Avenue to Chestnut Avenue, Project No. 3957, increasing the Agreement by $90,879; and
WHEREAS, on Oct. 20, 2015, the City Council adopted Resolution No. 2015-258, authorizing the
execution of Amendment No.2 to the Agreement with Saving Sacred Sites for Native American
monitoring services on the El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue,
Project 3957, increasing the Agreement by $64,734; and
WHEREAS due to the extended duration and expanded scope of the project, additional services
are needed to complete the monitoring for the project; and
WHEREAS,this project is funded with both Traffic Impact Fees and TransNet funds; and
EXHIBIT 1
WHEREAS,there are not sufficient remaining appropriations available in the project budget to
fund this increase; and
WHEREAS,the City Council of the City of Carlsbad,California,has determined it necessary,
desirable, and in the public interest to increase the project budget; and
WHEREAS,sufficient funding for the increase is available for the remaining monitoring services
necessary to complete the project from the General Capital Construction budget.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
1.That the above recitations are true and correct.
2.That the Administrative Services Director is authorized to appropriate $172,900 from
funds available in the General Capital Construction budget.
3.That the City Manager is authorized and directed to execute Amendment No.3 to
Agreement with Saving Sacred Sites for Native American Monitoring Services on El Camino
Real Road Widening, Tamarack Avenue to Chestnut Avenue, Project No. 3957, attached
hereto as Attachment A.
EXHIBIT 1
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 4th of October, 2016, by the following vote to wit:
AYES:Hall, Wood, Schumacher, Blackburn, Packard.
NOES:None.
ABSENT:None.
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MATT HALL Ma/
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BARBARA ENGLESON,ity Clerk
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AMENDMENT NO. 3 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES
ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO
CHESTNUT AVENUE
(SAVING SACRED SITES)
~Amendment No. 3 is entered into and effective as of the 24th day of
_J....._.. , 20.1../£., amending the agreement dated Feb. 2, 2015 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and SAVING
SACRED SITES, ("Contractor") (collectively, the "Parties") for Native American monitoring
services on Project No. 3957, El Camino Real Road Widening, Tamarack Avenue to Chestnut
Avenue.
RECITALS
A. On Sept. 15, 2015, the Parties executed Amendment No. 1 to the Agreement to
increase the Agreement allowable amount by ninety thousand eight hundred seventy nine dollars
($90,879) for a total yearly agreement amount of ninety nine thousand nine hundred and ninety
nine dollars ($99,999); and
B. On Oct. 21, 2015, the Parties executed Amendment No. 2 to the Agreement to
increase the Agreement allowable amount by sixty four thousand seven hundred thirty four dollars
($64, 734) for a total yearly agreement amount of one hundred sixty four thousand seven hundred
thirty three dollars ($164,733); and
C. The Parties desire to alter the Agreement's scope of work to increase the
Agreement allowable amount by one hundred seventy two thousand nine hundred dollars
($172,900) for a total yearly Agreement amount of three hundred thirty seven thousand six
hundred thirty three dollars ($337,633); and
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed one hundred seventy two thousand nine
hundred dollars ($172,900). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
3. Contractor will complete all work described in Exhibit "A" by Feb. 2, 2017.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 1/30/13
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5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor ea~ represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: Cit~~r Bireetor
ATTEST:
\jiKYlo w !Zflt ~joe
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:~ ----~----------~--------Deputy City Attorney
AMENDMENT NO. 3 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES ON PROJECT NO. 3957, EL
CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE
(SAVING SACRED SITES)
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EXHIBIT A
Saving Sacred Sites
A California Non-Profit Corporation
Casey Arndt
Municipal Projects Manager
City of Carlsbad ·
1635 Faraday Ave.
Carlsbad, CA 92008
1889 Sunset Drive • Vista, CA 92081
760-724-8505 • FAX 760-724-2172
September 9, 2016
VIA ELECTRONIC MAIL
Casey.Arndt@carlsbadca.gov
RE: Second REVISED & UPDATED PROPOSAL OF PROJECTED
Dear Mr. Arndt:
COSTS FOR NATIVE AMERICAN MONITORING SERVICES BY
SAVING SACRED SITES FOR THE EL CAMINO REAL ROAD
WIDENING PROJECT IN THE CITY OF CARLSBAD, CA
Saving Sacred Sites is honored to continue providing our Native American monitoring services for the El
Camino Real Road Widening Project (11Project") for the City of Carlsbad. Per your request, Saving Sacred
Sites submits the following Second Revised & Updated Proposal of Projected Costs for your review. This is
a continued job cost proposal for the inclusion of construction monitoring and associated archaeological
data recovery monitoring. The projected costs for these services are provided below.
Projected Cost Estimate for Native American Monitoring
Project Name:
Project Developer/Owner:
Project Contact:
Description of Project:
El Camino Real Road Widening Project
The City of Carlsbad
Casey Arndt
This is a continued Project involving the widening of El Camino
Real in Carlsbad, CA (11Project Site/Location/Area").
It is SSS' further understanding that Project Developer
acknowledges and recognizes the area's past and potential
discovery of cultural resources at the Project Site and has
allowed the presence of a Luiseno Native American monitor.
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..
Expected Length of Project:
Monitors Hourly Wage:
Number of Native American
Monitors Required:
Additional Costs Associated
with Monitoring of Project:
70 days (560 hours)
$55.00
It is estimated that five (5) Native American monitors will be
necessary for this Project. Native American monitors will be
necessary to provide monitoring during construction activities
and during the archaeological data recovery process. Therefore,
for five (5) Native American monitors, the estimated cost will be
$154,000.00.
Native American monitors are reimbursed for all reasonable and
documented mileage expenses at the current IRS mileage rate
of $.54 cents per mile. Our Native American monitors reside in
and outside San Diego County. Given the nature of our business,
we cannot determine which Native American monitor will be
placed at your site until the job is cleared to begin. Hence, to
provide your company with our best estimate, we have taken
the residence of our furthest monitor and estimated their travel
expenses to and from the proposed job site. In this instance, the
estimated mileage for our monitors who live the furthest from
this job site is 100 miles/round trip. If we estimate .54 cents a
mile for these Native American monitors, the estimated
expense is $54.00 each per day. Therefore, for five (5) Native
American monitors, the estimated mileage reimbursement for
this Project will be $18,900.00.
Saving Sacred Sites will maintain comprehensive general
liability property damage and bodily injury insurance in the
amount of not less than $1 million per occurrence, and
workmen's compensation insurance if required by law,
throughout the term of this Project and provide the
Owner/Developer a current certificate of insurance extending
such coverage to the Native American monitor's conduct on the
Project Site prior to any on site monitoring activity, if so
requested.
A minimum half-day charge ("show up time") will be charged to
the Owner/Developer for unannounced work stoppages of
Tribal monitors which are not due to actions of Saving Sacred
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Invoicing Requirements:
Proposal Summary:
Sites. The hourly rate will not be applicable to travel time to
and from the Project site.
The Owner/Developer agrees that Saving
Sacred Sites may invoice for the Native American
monitors' compensation on a monthly basis.
The Owner/Developer also agrees to remit
payment in full to Saving Sacred Sites within thirty
(30) days of receipt of said invoice.
It is expected that SSS' monitors will need to be present for 70
days (560 hours). It is further estimated that five (5) monitors
will be needed given the proposed activities: construction
monitoring and associated archaeological data recovery
monitoring. Therefore, it is estimated that the cost forfive (5)
Native American monitors to be present during the Project's
activities will be
$154,000.00 plus mileage reimbursement of
$18,900.00, for a total cost of $172,900.00.
In conclusion, SSS's projected cost estimate for five (5) Native American monitors to be present
at your Project for another estimated 70 days (560 hours) is $172,900.00. If you have any comments or
questions, please do not hesitate to contact me at 760.724.8505.
Sincerely,
/f
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Carmen Mojado
President, Saving Sacred Sites
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PROJECT NAME EL CAMINO REAL ROAD WIDENING, MEDIAN PROJECT EXHIBIT
IMPROVEMENTS, UNDERGROUNDING UTILITIES &UPGRADING
NUMBER
3957,3643,2TRAFFIC SIGNALS FROM TAMARACK AVENUE TO CHESTNUT AVENUE 6302 & 6303 ,
DRAW BY:SCOTT EVANS,CARLSt3AD ENGINEERING DEPT.8/18/08 C:\TRANSPORTAT1CN DEPARTMENT\LOCATION AIAPS\3957.DNG
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